(a) In addition to the powers of contempt established in
chapter forty-eight of this code, a family court judge may:

(1) Sanction persons through civil contempt proceedings when
necessary to preserve and enforce the rights of private parties or
to administer remedies granted by the court;

(2) Regulate all proceedings in a hearing before the family
court judge; and

(3) Punish direct contempts that are committed in the presence
of the court or that obstruct, disrupt or corrupt the proceedings
of the court.

(b) A family court judge may enforce compliance with his or
her lawful orders with remedial or coercive sanctions designed to
compensate a complainant for losses sustained and to coerce
obedience for the benefit of the complainant. Sanctions must give
the contemnor an opportunity to purge himself or herself. In
selecting sanctions, the court must use the least possible power
adequate to the end proposed. A person who lacks the present
ability to comply with the order of the court may not be confined
for a civil contempt. Sanctions may include, but are not limited
to, seizure or impoundment of property to secure compliance with a
prior order. Ancillary relief may provide for an award of
attorney's fees.

(c) Upon a finding that a person is in civil contempt, the
court, when otherwise appropriate and in its discretion, and as an
alternative to incarceration, may place the person on work release,
in a weekend jail program, in an existing community service program, in an existing day-reporting center program, in any other
existing community corrections program or on home confinement until
the person has purged himself or herself of the contempt.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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